The ADA Advisory Committee has made recommendations to the Vertical Infrastructure Advisory Committee for addressing ADA project needs using major maintenance funds. The committee has recommended guidelines for determining who should pay when requests are made to remove architectural barriers or to provide other accommodations.

Infrastructure funds should be used for removing barriers that are structural in nature and a benefit to all for the following priorities:

  1. Priority 1 - Get into the building
  2. Priority 2 - Get to the programs or services offered in the building
  3. Priority 3 - Use the restrooms and building services

Individual department operating funds should be used for accommodating a state employee and the public to assist in participating or obtaining the programs and services that are of a non-structural nature, such as modifications to furnishings and equipment.

When an accommodation request is submitted, it should be reviewed to determine if it is in compliance with the Americans With Disabilities Act Architectural Guidelines (ADAAG). If the requested accommodation exceeds ADAAG, the requesting agency should pay for the accommodation. If the accommodation is necessary for compliance with ADAAG, the infrastructure fund should pay for the accommodation.

It is expected that newly constructed or renovated buildings will be in compliance with ADAAG.

Funding:

  1. Removal of architectural barriers directly associated with buildings or site features, and necessary to meet the requirements of the Accessibility Design Guidelines (AADAG), shall be funded by the specific capital appropriation used to fund construction or renovation. Where specific appropriations are not available, routine or major maintenance appropriations shall be used.
  2. Removal of non-architectural barriers such as interpreters necessary for the delivery of programs or signage, displays or video or audiotapes specifically related to program activities, or barriers associated with furnishings, shall be the responsibility of the department providing the program.
  3. Emergency egress features, unless specifically addressed in ADAAG or the State Building Code, shall be the responsibility of the requesting agency or department or other enterprise funds to be determined.
  4. Historic Preservation alternatives will be considered on a case-by-case basis, but generally should be funded out of specific capital appropriations